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Registration of Electors Act 2020

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Registration of Electors Act 2020 c i e AT 11 of 2020 REGISTRATION OF ELECTORS ACT 2020 Registration of Electors Act 2020 Index c i e REGISTRATION OF ELECTORS ACT 2020 Index Section Page PART 1 – INTRODUCTORY 5 1 Short title .......................................................................................................................... 5 2 Commencement .............................................................................................................. 5 3 Interpretation ................................................................................................................... 5 PART 2 – FRANCHISE AND REGISTER OF ELECTORS 7 4 Franchise .......................................................................................................................... 7 5 Officer’s duty in respect of the register of electors .................................................... 8 6 Individual registration ................................................................................................... 9 7 Special categories of qualifying persons.................................................................... 10 8 Anonymous registration .............................................................................................. 11 9 Duty to convert registered persons into eligible electors ........................................ 11 10 Right to refuse to enter name, etc. in the register ..................................................... 11 PART 3 – PREPARATION, PUBLICATION AND MAINTENANCE OF REGISTER 12 Annual publication of full and updated register 12 11 Annual publication of register .................................................................................... 12 12 Compilation of updated registers............................................................................... 12 13 Procedure following publication of registers ........................................................... 13 14 Publication of registers and updates .......................................................................... 14 Periodic updates to the register 15 15 Alteration notices .......................................................................................................... 15 16 Removal of relevant personal data from register ..................................................... 16 17 Discretion to permit persons to vote .......................................................................... 16 PART 4 – THE ELECTORAL REGISTRATION OFFICER 17 18 Registration Officer ...................................................................................................... 17 19 Provision of assistance to Electoral Registration Officer ......................................... 18 c AT 11 of 2020 Page 3 Index Registration of Electors Act 2020 PART 5 – CLAIMS, OBJECTIONS AND CORRECTION OF THE REGISTERS 18 20 Claims and objections .................................................................................................. 18 21 Determination of claims and objections .................................................................... 19 22 Modifications to registers of electors ......................................................................... 20 PART 6 – GENERAL AND MISCELLANEOUS PROVISIONS 21 23 Restrictions on use of registers ................................................................................... 21 24 General power to make regulations .......................................................................... 22 25 Financial provisions ..................................................................................................... 23 26 Use of personal data garnered for census purposes ................................................ 23 27 Consequential amendments ....................................................................................... 23 28 Repeal of 2006 Act ........................................................................................................ 25 SCHEDULE 1 27 CLAIMS, OBJECTIONS AND APPEALS 27 SCHEDULE 2 31 CIVIL PENALTIES 31 SCHEDULE 3 33 INTERCONNECTION BETWEEN “QUALIFYING PERSON”, “REGISTERED PERSON” AND “ELIGIBLE ELECTOR” 33 Page 4 AT 11 of 2020 c Registration of Electors Act 2020 Section 1 c i e REGISTRATION OF ELECTORS ACT 2020 Signed in Tynwald: 20 October 2020 Received Royal Assent: 20 October 2020 Announced to Tynwald: 20 October 2020 AN ACT to restate the enactments relating to the franchise and the registration of electors; to amend the law relating to the maintenance of electoral registers; and for connected purposes. BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Council and Keys in Tynwald assembled, and by the authority of the same, as follows:— PART 1 – INTRODUCTORY 1 Short title The short title of this Act is the Registration of Electors Act 2020. 2 Commencement (1) This Act (except this section and sections 1 and 3) will come into operation on such day or days as the Council of Ministers may by order appoint. (2) An order under subsection (1) may make such consequential, incidental, supplemental and transitional provisions as appear to the Council of Ministers to be necessary or expedient for the purposes of the order. 3 Interpretation [2006/12/15 and drafting] (1) In this Act — “constituency” means any of the following 12 constituencies — (a) Arbory, Castletown and Malew; (b) Ayre and Michael; c AT 11 of 2020 Page 5 Section 3 Registration of Electors Act 2020 (c) Douglas Central; (d) Douglas East; (e) Douglas North; (f) Douglas South; (g) Garff; (h) Glenfaba and Peel; (i) Middle; (j) Onchan; (k) Ramsey; and (l) Rushen; “data protection legislation” has the meaning given in regulation 5(1) of the GDPR and LED Implementing Regulations 20181; “district”, except in the expressions “polling district” and “registration district” means a town district, village district or parish district, and includes the borough of Douglas; “election” means a national election or a local election, and includes a by- election; “electoral area”, in relation to a national election, means a constituency, and in relation to a local election, — (m) if the district of the local authority in question is divided into wards, a ward of the district; or (n) otherwise, the district; “Electoral Registration Officer” or “Officer” means the person appointed to be the Electoral Registration Officer under section 18(1) or, whenever that person is unavailable, the Deputy Electoral Registration Officer appointed under section 18(2); “eligible elector” — see section 4(1); “legal incapacity” includes (in addition to any incapacity by virtue of any subsisting provision of the common law) any disqualification imposed by this Act or any other enactment; “local election” means an election of a member or members of a local authority, and in relation to the borough of Douglas, means an election of a councillor or councillors of the borough; “national election” means an election of a member or members of the Keys; “Officer” – see “Electoral Registration Officer”; “polling district” means (subject to subsection (2)) a polling district for the purposes of the Elections (Keys and Local Authorities) Act 2020; 1 S.D. No. 2018/0145 Page 6 AT 11 of 2020 c Registration of Electors Act 2020 Section 4 “prescribed” means, except in section 25(2), prescribed by regulations made by the Council of Ministers under this Act; “qualifying person” – see section 4(3); “registered person” means a qualifying person who has complied with the registration requirement; (See Schedule 3, which contains a diagram depicting the interconnection between “qualifying person”, “registered person” and “eligible elector”.) “register of electors” — (a) means a register in which are recorded all the relevant personal data of eligible electors; (b) when used in relation to an electoral area, means the register of electors constituted for that area pursuant to section 13(3) or (6), as the case may be; and (c) when used in relation to a polling district, means the relevant part of the register; (see subsection (3)); “registration requirement” – see section 6(5)(a); “regulations” means regulations made under this Act by the Council of Ministers; “relevant personal data” means personal data (as defined in the data protection legislation) the processing of which is necessary for registration of a qualifying person as required by section 6; “relevant registration date” means a date that is prescribed for the purpose; “residential unit” means any building or portion of a building used as a residence by one or more persons. (2) Where a constituency is not divided into polling districts, any reference in this Act to a polling district of that constituency must be construed as a reference to the entire constituency. (3) Other expressions in this Act have the same meanings as in the Elections (Keys and Local Authorities) Act 2020. PART 2 – FRANCHISE AND REGISTER OF ELECTORS 4 Franchise [2006/12/2 & 3, and drafting] (1) A qualifying person — (a) who has satisfied the registration requirement; and (b) whose name has been entered in the register of electors for an electoral area, c AT 11 of 2020 Page 7 Section 5 Registration of Electors Act 2020 is, in an election, entitled to vote in that electoral area. Such a person is hereafter referred to as an “eligible elector”. (See Schedule 3, which contains a diagram depicting the interconnection between “qualifying person”, “registered person” and “eligible elector”.) (2) An eligible elector must not vote more than once in the same election. If an eligible elector
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